Royal Agricultural Society Act 1926

Primary concepts defined or established in the Act are: "Agricultural Society", "Agricultural Show" and "Royal Agricultural Society" (s 2). Those definitions control scope: an "Agricultural Society" is any society, club, association or other body of persons, corporate or not, registered under the Act; an "Agricultural Show" has as its principal object the exhibition of agricultural or pastoral products and live stock, including horses in action (s 2). The Royal Agricultural Society is the Royal Agricultural Society of Western Australia Incorporated (s 2).

Registration is the core regulatory mechanism. Registration operates as a licence-like gate: the statute makes registration a legal precondition for holding or promoting an agricultural show (s 3(1)). Registration is implemented administratively through application to the secretary of the Royal Agricultural Society and the issue of a certificate in the Schedule form (s 3(2)-(3); Schedule). A "prescribed fee" is payable on grant of registration, indicating that fee quantum is delegated to subordinate instrument(s) or rules (s 3(3)).

The register itself is a public record held at the Royal Agricultural Society’s Perth office, and must list each registered society’s full name and postal address; it is open for inspection in office hours (s 4). That establishes an administrative transparency mechanism and locational centralisation of records.

Enforcement is primarily civil: the Royal Agricultural Society may seek an injunction to restrain the holding or promotion of a show that contravenes the Act (s 5). The Act does not itself create criminal offences or monetary penalties; it instead provides for injunctive relief and for regulatory cancellation under regulations to be made by the Governor (s 5; s 7).

Rulemaking takes two forms. First, uniform by-laws governing all registered societies are made at conferences convened by the Royal Agricultural Society, attended by the council and delegates of the registered societies, with voting rules specified (s 6(1), (1A), (1B)). Uniform by-laws require approval by the Governor and are made subject to the Interpretation Act 1984 (s 6(2)). Second, registered agricultural societies may make their own local or domestic by-laws, but those must be submitted to the Royal Agricultural Society for approval; the Interpretation Act provision that applies to uniform by-laws does not apply to these local by-laws (s 6(3)).

Finally, the Governor’s regulation power provides executive-level delegated authority to cancel registrations for breach of by-laws or "other sufficient cause" and to prescribe matters necessary or convenient to carry out the Act (s 7). That creates a pathway by which the legislative framework can be fleshed out in subordinate regulation, including the potential specification of fees, procedural detail for cancellation, and other administrative matters.

Primary regulated parties are any society, club, association or other body of persons , corporate or unincorporated , that intends to hold or promote an agricultural show in Western Australia (s 2; s 3(1)). That includes:

• Incorporated agricultural societies and companies that host shows: they must apply under their common seal (s 3(2)(a)).
• Unincorporated societies, clubs or associations: they must file an application signed by at least 10 persons on their behalf (s 3(2)(b)).
• Bodies already established for agricultural show purposes before commencement of the Act are explicitly protected from having registration refused on that basis (s 3(4)).

Decision-makers and rule-setters under the Act are affected parties too:

• The Royal Agricultural Society, which administers registration, maintains the register in Perth, issues certificates in the Schedule form, convenes conferences for by-law-making, and is empowered to seek injunctions (s 3; s 4; s 5; s 6).
• The council of the Royal Agricultural Society and delegates of registered agricultural societies, who meet in conference to make uniform by-laws and decide questions by majority vote (s 6(1); s 6(1B)).
• The Governor, who must approve uniform by-laws and who may make regulations including cancellation powers (s 6(2); s 7).

Other affected parties include:

• Prospective show attendees, competitors and exhibitors, whose access to shows may be affected by which societies are registered and by the by-laws in force (s 6).
• Localised societies that make their own by-laws must submit those by-laws to the Royal Agricultural Society for approval (s 6(3)), so local organisers are affected by central approval processes.

Administrative actors and adjudicators are also implicated:

• The secretary of the Royal Agricultural Society, who receives applications (s 3(2)).
• The State Administrative Tribunal (SAT), which has jurisdiction to review refusals to register (s 3(5); Notes refer to State Administrative Tribunal legislative changes).

Finally, geographic realities matter. The register must be kept at the Royal Agricultural Society’s office in Perth (s 4). That central location affects rural or regional societies who may need to interact with a Perth-based office to inspect the register or coordinate approval processes.

Duties imposed on persons who wish to hold or promote an agricultural show

• Do not hold or promote an agricultural show unless registered with the Royal Agricultural Society (s 3(1)): this is an absolute precondition under the Act.
• Apply for registration by lodging an application with the secretary of the Royal Agricultural Society, under the common seal if incorporated, or signed by at least 10 persons if unincorporated (s 3(2)).
• Pay the prescribed fee on grant of registration (s 3(3)).
• If a registered society makes local by-laws, submit those by-laws or any amendments to the Royal Agricultural Society for approval (s 6(3)).

Rights given to applicants and registered societies

• The right to be registered, subject to the Royal Agricultural Society’s grant in accordance with the Act and payment of the prescribed fee (s 3(3)). The Act also protects pre-existing societies from refusal on that basis (s 3(4)).
• A statutory right of review: an applicant may apply to the State Administrative Tribunal for review of a refusal by the Royal Agricultural Society to register (s 3(5)). The Notes indicate legislative changes conferring jurisdiction to SAT are relevant to this Act.
• Registered societies have a participation right in conference-based rulemaking: the council and delegates of registered agricultural societies meet in conference to make uniform by-laws; each delegate and council member present has one vote, and the chairman has a casting vote in the event of equality (s 6(1); s 6(1A); s 6(1B)).
• Registered societies can make by-laws on domestic or local matters, subject to submission to the Royal Agricultural Society for approval (s 6(3)).

Duties and powers of the Royal Agricultural Society and other authorities

• Maintain a register in Perth recording full name and postal address of all registered societies, and keep that register open for inspection during office hours (s 4).
• The Royal Agricultural Society may grant registration on receipt of application and payment of the prescribed fee (s 3(3)).
• The Royal Agricultural Society may seek an injunction to restrain any society or body from holding or promoting an agricultural show in contravention of the Act (s 5). That places the civil enforcement burden on the Royal Agricultural Society to initiate proceedings.
• The council and delegates, meeting in conference, have the duty and power to make, revoke, alter or amend uniform by-laws governing all registered agricultural societies (s 6(1)).
• Uniform by-laws made under that conference process are subject to the approval of the Governor (s 6(2)). Section 42 of the Interpretation Act 1984 applies to uniform by-laws (s 6(2)).
• The Governor may make regulations enabling cancellation of registration for breach of by-laws or for other sufficient cause, and may prescribe matters necessary or convenient for carrying out the Act (s 7).

Process rights and procedural uncertainty

• The Act specifies the application mechanism and the availability of SAT review for refusals to register (s 3(2); s 3(5)). It does not specify other procedural safeguards for cancellation under regulations or for the exercise of the Royal Agricultural Society’s approval powers over local by-laws; those processes would be governed by any regulations made under s 7 and by relevant administrative law (s 7).

The Act does not prescribe criminal penalties or monetary fines for holding or promoting an agricultural show without registration. Enforcement is civil and administrative in character.

Civil enforcement mechanism

• Injunctive relief: the Royal Agricultural Society may proceed against any society, club, association or other body of persons that holds or promotes an agricultural show in contravention of the Act, for an injunction to restrain that contravention (s 5). That provision places the enforcement initiative with the Royal Agricultural Society; injunctive relief would be sought in the courts and is a discretionary equitable remedy. The Act does not specify procedural detail for bringing such proceedings; standard court practice and rules will apply.

Administrative enforcement mechanism

• Cancellation by regulation: the Governor may make regulations enabling cancellation of registration of agricultural societies for breach of the by-laws or other sufficient cause (s 7). The Act delegates to the executive the power to prescribe the circumstances and process for cancellation. The Act itself does not describe the cancellation process, timelines, or internal review rights arising from cancellation; those details are left to regulations made under s 7 or to other applicable administrative law.

Scope and limits of enforcement powers

• The Act confines direct statutory enforcement tools to injunctions and delegated regulation enabling cancellation. There is no express power in the Act for the Royal Agricultural Society or the Governor to impose pecuniary penalties, to deregister summarily without any regulatory process, or to initiate criminal prosecutions. Any cancellation procedure implemented via regulations will determine whether additional remedies, suspension mechanisms or appeal rights are provided (s 7).

Review and disputation pathways

• Review of refusal to register: the Act gives applicants a right to apply to the State Administrative Tribunal for review of a refusal to register (s 3(5)). The Act does not expressly provide an equivalent statutory right of review for decisions to cancel a registration made under regulations; whether such a right exists will depend on the content of the regulations and on general administrative law or statutory review regimes.

Practical enforcement implications

• Enforcement depends in practice on the Royal Agricultural Society electing to act: the Act requires the Royal Agricultural Society to commence court proceedings for injunctive relief; it does not create a state-led enforcement agency or automatic penalty. Cancellation for breach will depend on regulations being made and the Governor or delegated authority choosing to exercise that power under the terms of those regulations (s 5; s 7).

Statutory cross-references and administrative tribunals

• The Act expressly provides for an applicant to seek a review from the State Administrative Tribunal (s 3(5)). The compilation notes record that amendments conferring jurisdiction on SAT (State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004) and transitional provisions are relevant to this Act (Compilation table; Notes 3). That places SAT as the statutory avenue for administrative review of registration refusals.

• The Act requires uniform by-laws to be "subject to the approval of the Governor, and section 42 of the Interpretation Act 1984 shall apply" (s 6(2)). The Explanatory Notes clarify that the reference to the Interpretation Act 1918 s 36 may be read as a reference to Interpretation Act 1984 s 42 (Notes 2). Practically, s 42 of the Interpretation Act governs how certain statutory instruments are to be presented and published; inclusion of that provision indicates a statutory requirement for particular formality and possibly for the subject matter of those by-laws to be consistent with statutory instrument procedures.

Local by-laws and differential treatment

• By contrast, the Act specifies that section 42 of the Interpretation Act 1984 shall not apply to by-laws made by registered agricultural societies under s 6(3). That creates a legal distinction between uniform Governor-approved by-laws and locally made society by-laws in respect of formalities imposed by the Interpretation Act (s 6(3)).

Public inspection and record-keeping

• The Act mandates that the register be kept at the Royal Agricultural Society's office in Perth and be open for inspection during office hours (s 4). That interacts with broader public access and information laws by creating a public record, though the Act does not specify fees or remote access procedures.

Delegation and regulatory framework

• The Governor's power to make regulations under s 7 carries interaction potential with other regulatory schemes. The Governor may make regulations enabling cancellation for breach of by-laws and "prescribing all matters and things that it may be necessary or convenient to prescribe for carrying out the provisions of this Act" (s 7). Those regulations could interact with local government, planning, public safety, animal welfare or biosecurity laws if the regulations address show operations, but the Act itself does not specify such interactions.

Absence of criminal or penalty provisions

• The Act contains injunctive and regulatory cancellation mechanisms but no express criminal offences or monetary penalties. Interaction with general criminal or public order legislation would therefore be through those other laws if applicable to particular conduct at shows (for example, public nuisance or biosecurity breaches), not because of express provisions in this Act.

Transitional and historical interactions

• The Compilation table states that the Act is to be read as one with the Royal Agricultural Society Act Amendment Act 1929, and lists subsequent amendments and reprints (Compilation table). The Notes indicate that the 2004 SAT amendments and the 2010 formatting amendments are relevant to interpreting procedural review and certain section references. Any practitioner should consult the applicable regulations made under s 7 and other related statutes, and take into account the recorded amendments when interpreting cross-references (Compilation table; Notes).

The Act’s compilation table and the notes in the provided text set out the statute’s legislative history and key amendments. The Act was originally enacted as the Royal Agricultural Society Act 1926 (41 of 1926) with assent on 16 December 1926 and commencement on 1 March 1927 (Compilation table). Significant recorded amendments and reprints in the provided materials are:

• Royal Agricultural Society Act Amendment Act 1929: The Act is to be read as one with that 1929 Amendment Act (Notes). The 1929 amendment text itself is not reproduced in the source text provided, but the Compilation table records the relationship.

• Royal Agricultural Society Act Amendment Act 1940 (23 of 1940): An amendment in 1940 altered s 6 (as indicated by the marginal note "Section 6 amended: No. 23 of 1940 s. 2") and the alteration commenced 29 November 1940 (Compilation table).

• Reprints: The Act was reprinted as at 18 July 1989, and again as at 24 August 2001, incorporating prior amendments (Compilation table).

• State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (No. 55 of 2004): This amendment (Pt 2 Div. 116) changed s 2 and s 3, specifically noted as s. 1066 and s. 1067 in the marginal notes. The amendment took effect 1 January 2005 (Compilation table). The compilation notes indicate that Parts of the State Administrative Tribunal Act 2004 and associated regulations dealing with transitional matters may be relevant for this Act (Notes 3).

• Standardisation of Formatting Act 2010 (No. 19 of 2010): Sections 32 and 51 of that Act effected modern formatting and reference updates to the Act. The marginal notes record s 3 was amended (No. 19 of 2010 s. 32(2) and 51) and s 6 was amended (No. 19 of 2010 s. 51). Those amendments commenced 11 September 2010 (Compilation table).

• Specific section amendments from the compilation: Section 2 was amended (No. 55 of 2004 s. 1066), section 3 was amended (No. 55 of 2004 s. 1067; No. 19 of 2010 s. 32(2) and 51), and section 6 was amended (No. 23 of 1940 s. 2; No. 19 of 2010 s. 51) as indicated in the marginal notes following each section.

• Reprint 3: The provided reprint is compiled as at 19 September 2014 and includes the amendments listed above (Compilation table).

The Schedule text (the certificate of registration) shows a heading inserted by No. 19 of 2010 s. 32(3), indicating formatting standardisation rather than substantive policy change.

The compilation notes also advise that references to earlier Interpretation Act provisions may be read as references to the Interpretation Act 1984 s 42 (Notes 2). The Notes caution that the State Administrative Tribunal amendments and regulations contain transitional issues that "may be relevant for this Act" (Notes 3).

In sum, the Act has undergone discrete amendments that affect definitions, procedural provisions and formatting; two substantive historical amendments relevant to governance and by-laws are the 1940 amendment to s 6 and the 2004 amendments that interact with the SAT jurisdiction. The Act’s current shape as reproduced here reflects those changes as of the 2014 reprint date.

The text of the Act supplied contains no reported case law or litigation history. It makes procedural provision for the Royal Agricultural Society to commence injunction proceedings (s 5) and permits applicants to seek review by the State Administrative Tribunal of refusal to register (s 3(5)). The compilation notes indicate that the State Administrative Tribunal Act 2004 and related regulations dealt with transitional issues that "may be relevant" to this Act (Notes 3), which suggests that administrative review paths have been updated legislatively, but the Act’s text does not record any judicial decisions or appeals.

From the Act’s provisions, two primary dispute pathways are apparent:

• Court injunction proceedings initiated by the Royal Agricultural Society under s 5 to restrain unregistered shows. Such matters, if litigated, would proceed in the courts and follow ordinary civil procedure for injunctive relief. The Act does not prescribe specific procedural rules or remedies beyond the availability of injunctions.

• Administrative review through the State Administrative Tribunal for applicants refused registration under s 3(5). The Notes indicate that SAT jurisdictional changes enacted in 2004 are relevant; whether and how applicants have used SAT in specific disputes is not recorded in the source text.

Because the Act does not itself create pecuniary penalties or criminal offences, litigation directly under the Act would typically be limited to equitable relief (injunctions) or administrative law challenges to decisions by the Royal Agricultural Society (for example, refusal to register). Other forms of litigation,such as disputes about by-laws, contract, tort, property or local government matters related to a show,would arise under other statutes or common law, not from specific penal provisions in this Act.

Practitioners requiring precedents, reported decisions, or case law applying the Act should consult legal databases and court records outside this statutory text, and review State Administrative Tribunal records for administrative review outcomes relevant to s 3(5). The Act itself provides the procedural hooks but no recorded litigation history in the supplied material.

The Act contains a number of features that can produce practical pitfalls if overlooked:

• Registration is a mandatory precondition: Section 3(1) prohibits holding or promoting an agricultural show unless registered with the Royal Agricultural Society. There are no express exceptions in the text for small or private events. Failure to register exposes organisers to injunction risk under s 5.

• Application formalities differ by organisational form: Corporate applicants must apply under the common seal; unincorporated bodies must have at least 10 signatories on the application (s 3(2)). A defective application form (for example, insufficient signatories or missing common seal) could provide a technical basis for refusal.

• Fee is "prescribed" and not set in the Act: Section 3(3) requires payment of a "prescribed fee" but the Act does not specify the amount or the instrument that prescribes it. Practitioners must look to subordinate instruments or Royal Agricultural Society rules to discover the fee quantum and timing.

• Register accessibility is physically constrained: The register is to be kept at the Royal Agricultural Society’s office in Perth and is open for inspection during office hours (s 4). Regional or remote societies should note that physical location and office hours may affect accessibility and record-checking.

• Centralised by-law approval and governor oversight: Uniform by-laws are made by council and delegates in conference and require Governor approval (s 6(1); s 6(2)). Local society by-laws must be submitted to the Royal Agricultural Society for approval, and s 6(3) expressly excludes the Interpretation Act s 42 formality for local by-laws. Organisations may incorrectly assume local autonomy; in fact, local by-laws remain subject to central approval.

• Decision-making concentration and voting rules: The conference mechanism gives each council member and delegate one vote, and the chairman (the President if present, or an elected council member in his absence) has a casting vote in the event of equality (s 6(1A); s 6(1B)). Parties affected by by-laws should take care to participate in delegate processes because the procedural mechanics determine outcomes.

• Limited statutory review pathways: The Act provides a right to apply to the State Administrative Tribunal only for review of a refusal to register (s 3(5)). The statute does not explicitly provide a statutory right of review for cancellations made under regulations, nor does it set out internal procedural steps for cancellation; those matters depend on regulations made under s 7 and on general administrative law. If a society faces cancellation under regulations, the availability of review and remedies will depend on the terms of those regulations and on external review mechanisms.

• Enforcement is reactive: The Royal Agricultural Society must commence injunction proceedings to enforce s 3(1) and s 5; there is no automatic penalty or public prosecutorial mechanism in the Act. If the Royal Agricultural Society does not act, an unregistered show might proceed without immediate statutory consequence under this Act.

• The Act does not itself specify operational standards for shows: Matters such as public safety, animal welfare, public liability insurance, licencing for food vendors or liquor, local government approvals, health regulations, and biosecurity are outside the specific text and must be addressed under other applicable laws and regulations. Organisers should not assume compliance with this Act suffices for other regulatory approvals.

• Historical protection for pre-existing societies: Section 3(4) prevents refusal of registration for societies established for agricultural show purposes before commencement. That protection does not extend to other forms of preferential treatment; practitioners should confirm whether a society qualifies as "established for agricultural show purposes before the commencement of this Act" where relevant.

• Form of certificate mandated: Registration must be testified by issue of a certificate in the form contained in the Schedule (s 3(1); Schedule). Parties relying on alternate evidentiary forms should ensure conformity to the Schedule where a question of registration status arises.

The steps below set out a compliance checklist grounded in the Act’s text. They do not substitute for legal advice but they identify statutory requirements and practical items to address.

1. Confirm whether the event qualifies as an "agricultural show" under s 2. The statutory definition focuses on shows whose principal object is the exhibition of agricultural or pastoral products and livestock, including horses in action. If the event falls within that scope, registration is required before holding or promoting it (s 3(1)).

2. Prepare the correct application form and supporting material for registration:

   • Corporate applicants must apply under their common seal (s 3(2)(a)). Ensure the entity’s constitution or corporate governance permits use of the seal and that the seal is affixed properly.
   • Unincorporated societies, clubs or associations must lodge an application signed by at least 10 persons on behalf of the society (s 3(2)(b)). Ensure there are at least 10 signatories and retain records of those signatures.

3. Identify and procure the prescribed fee. Section 3(3) requires payment of a prescribed fee on grant of registration. The Act does not specify the amount or instrument; check the Royal Agricultural Society’s directions, regulations made under s 7, or other subordinate instruments that prescribe fees. Ensure timely payment as part of the registration process.

4. Submit the application to the secretary of the Royal Agricultural Society. Section 3(2) designates the secretary as the recipient. Retain proof of lodgement and dates.

5. If refused registration, pursue the statutory review avenue: an applicant may apply to the State Administrative Tribunal for review of the Royal Agricultural Society’s refusal (s 3(5)). Consult the applicable SAT procedures and timelines following refusal.

6. If registered, obtain and retain the certificate of registration, which must conform to the Schedule’s form (s 3(1); Schedule). Keep the certificate available for inspection and for contractual and insurance purposes.

7. Comply with uniform by-laws and local by-law approval:

   • Be aware that uniform by-laws are made by the council and delegates at conferences convened by the Royal Agricultural Society (s 6(1)). Participating in the conference process provides influence over uniform by-laws; note voting rules and chairing arrangements (s 6(1A); s 6(1B)).
   • Submit any local society by-laws or amendments to the Royal Agricultural Society for approval (s 6(3)). Do not implement local by-laws until approved if the Act or the Royal Agricultural Society’s practice requires approval prior to enforcement.

8. Maintain accurate contact details for the register: the Royal Agricultural Society keeps a public register at its Perth office listing full names and postal addresses (s 4). Notify the Royal Agricultural Society promptly of any change to a registered society’s postal address or name as required by the Royal Agricultural Society’s administrative practice.

9. Monitor regulations under s 7: the Governor may make regulations enabling cancellation for breach of by-laws or for other cause, and prescribing necessary matters to carry out the Act. These regulations may set out procedural fairness protections, cancellation processes, or additional compliance obligations. Confirm the current regulations and conform to their requirements (s 7).

10. Anticipate enforcement and keep records:

    • Because enforcement under the Act is via injunctions initiated by the Royal Agricultural Society (s 5), keep documentation evidencing registration, approval of by-laws, insurance, safety measures, contracts with vendors and exhibitors, and compliance with other applicable legislation.
    • If subject to a threatened injunction or regulatory cancellation, seek timely legal advice and, where applicable, prepare to apply to the State Administrative Tribunal if the issue is refusal to register (s 3(5)) or to invoke administrative law remedies for cancellation decisions depending on the regulatory framework.

11. Coordinate with other regulatory bodies: the Act does not address other licensing and regulatory regimes relevant to show operations (for example, local government permits, public health, food safety, liquor licensing, animal welfare, or biosecurity). Early engagement with those regulators ensures the show complies with all applicable laws.

12. For regional societies: account for the Perth-centric register and administrative presence (s 4). Where physical inspection is required, plan for travel or request guidance from the Royal Agricultural Society about remote inspection or certified copies if available.

Following these steps aligns practical action with the statutory obligations and oversight points established in the Act. If any question arises about the content of regulations made under s 7, or about procedural protections for cancellation, consult the regulations and obtain targeted legal advice.